To amend the Indian Child Protection and Family Violence Prevention Act to identify and remove barriers to reducing child abuse, to provide for examinations of certain children, and for other purposes.

October 20, 2005

Mr. MCCAIN (for himself, Mr. DORGAN, Mr. CRAPO, and Mr. INOUYE) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

To amend the Indian Child Protection and Family Violence Prevention Act to identify and remove barriers to reducing child abuse, to provide for examinations of certain children, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Indian Child Protection and Family Violence Prevention Act Amendments of 2005'.

SEC. 2. FINDINGS AND PURPOSE.

Section 402 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3201) is amended--

(1) in subsection (a)--

(A) in paragraph (1)--

(i) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and

(ii) by inserting after subparagraph (D) the following:

`(E) the Federal Government and certain State governments are responsible for investigating and prosecuting certain felony crimes, including child abuse, in Indian country, pursuant to chapter 53 of title 18, United States Code;'; and

(B) in paragraph (2)--

(i) in the matter preceding subparagraph (A), by striking `two' and inserting `the';

(ii) in subparagraph (A), by striking `and' at the end;

(iii) in subparagraph (B), by striking the period at the end and inserting `; and'; and

(iv) by adding at the end the following:

`(C) identify and remove any impediment to the immediate investigation of incidents of child abuse in Indian country.'; and

(2) in subsection (b)--

(A) by striking paragraph (3) and inserting the following:

`(3) provide for a background investigation for any employee that has access to children;'; and

(B) in paragraph (6), by striking `Area Office' and inserting `Regional Office'.

SEC. 3. DEFINITIONS.

Section 403 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3202) is amended--

(1) by striking paragraph (14);

(2) by redesignating paragraphs (5) through (13) as paragraphs (6) through (14), respectively;

(3) by inserting after paragraph (4) the following:

`(5) `conviction', with respect to an offense, means a final judgment of guilty through a verdict by a judge or jury or a plea of guilty or no contest, but does not include any final judgment that has been expunged by pardon, reversed, set aside, or otherwise voided;';

(4) in paragraph (13) (as redesignated by paragraph (2)), by striking `that agency' and all that follows through `Indian tribe' and inserting `the Federal, State, or tribal agency';

(5) in paragraph (14) (as redesignated by paragraph (2)), by inserting `(including a tribal law enforcement agency operating pursuant to a grant, contract, or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.))' after `State law enforcement agency';

(6) in paragraph (17), by striking `and' at the end;

(7) in paragraph (18), by striking the period at the end and inserting `; and'; and

(8) by adding at the end the following:

`(19) `telemedicine' means a telecommunications link to an end user through the use of eligible equipment that electronically links health professionals or patients and health professionals at separate sites in order to exchange health care information in audio, video, graphic, or other format for the purpose of providing improved health care diagnosis and treatment.'.

SEC. 4. REPORTING PROCEDURES.

Section 404 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3203) is amended--

(1) in subsection (c)--

(A) in paragraph (1), by striking `(1) Within' and inserting the following:

`(1) IN GENERAL- Not later than'; and

(B) in paragraph (2)--

(i) by striking `(2)(A) Any' and inserting the following:

`(2) INVESTIGATION OF REPORTS-

`(A) IN GENERAL- Any';

(ii) in subparagraph (B)--

(I) by striking `(B) Upon' and inserting the following:

`(B) FINAL WRITTEN REPORT- On'; and

(II) by inserting `including any Federal, State, or tribal conviction resulting from the allegation' before the period at the end; and

(iii) by adding at the end the following:

`(C) MAINTENANCE OF FINAL REPORTS- The Federal Bureau of Investigation shall maintain a record of each written report submitted under subsection (b) in a manner in which the report is accessible to--

`(i) a local law enforcement agency that requires the information to carry out an official duty; and

`(ii) any agency requesting the information under section 408.

`(D) COLLECTION OF DATA- Not less frequently than once each year, the Secretary, in consultation with the Attorney General and any appropriate Indian tribe, shall collect any information not otherwise reported under subsection (b), including information relating to, during the preceding calendar year--

`(i) the number of child abuse allegations and investigations in Indian country;

`(ii) the number of child abuse prosecutions declined or deferred in Indian country; and

`(iii) the number of acquittals of charges of child abuse in Indian country.'; and

(2) by adding at the end the following:

`(e) Confidentiality of Children- No local law enforcement agency or local child protective services agency shall disclose the name of or information concerning the child to anyone other than any person who, by reason of their participation in the treatment of the child, the investigation, or the adjudication of the allegation, needs to know the information in the performance of the duties of the individual.

`(f) Report to Congress- Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Director of the Federal Bureau of Investigation, in coordination with the Secretary and the Attorney General, shall submit to the Committees on Indian Affairs and the Judiciary of the Senate, and the Committees on Resources and the Judiciary of the House of Representatives, a report on child abuse in Indian country during the preceding year.'.

SEC. 5. REMOVAL OF IMPEDIMENTS TO REDUCING CHILD ABUSE.

Section 405 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3204) is amended to read as follows:

`SEC. 405. REMOVAL OF IMPEDIMENTS TO REDUCING CHILD ABUSE.

`(a) Study- The Secretary, in consultation with the Attorney General and the Service, shall conduct a study under which the Secretary shall identify any impediment to the reduction of child abuse in Indian country and on Indian reservations.

`(b) Inclusions- The study under subsection (a) shall include a description of--

`(1) any impediment to reporting child abuse in Indian country and on Indian reservations;

`(2) any impediment to, or advance in, Federal, State, and tribal investigations and prosecutions of allegations of child abuse in Indian country and on Indian reservations; and

`(3) any impediment to, or advance in, the treatment of child abuse in Indian country and on Indian reservations.

`(c) Report- Not later than 18 months after the date of enactment of the Indian Child Protection and Family Violence Prevention Act Amendments of 2005, the Secretary shall submit to the Committees on Indian Affairs and the Judiciary of the Senate, and the Committees on Resources and the Judiciary of the House of Representatives, a report describing--

`(1) the findings of the study under this section; and

`(2) recommendations for legislative actions to reduce instances of child abuse in Indian country and on Indian reservations, if any.'.

SEC. 6. CONFIDENTIALITY.

Section 406 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3205) is amended to read as follows:

`SEC. 406. CONFIDENTIALITY.

`Any Federal, State, or tribal government agency that treats or investigates incidents of child abuse may provide information and records to an officer of any other Federal, State, or tribal government agency that requires the information to carry out the duties of the officer, in accordance with section 552a of title 5, United States Code, section 361 of the Public Health Service Act (42 U.S.C. 264), the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), part C of title XI of the Social Security Act (42 U.S.C. 1320d et seq.), and other applicable Federal law.'.

SEC. 7. WAIVER OF PARENTAL CONSENT.

Section 407 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3206) is amended--

(1) in subsection (a), by inserting `or forensic' after `psychological'; and

(2) in subsection (c), by striking `advise' and inserting `advice'.

SEC. 8. CHARACTER INVESTIGATIONS.

Section 408(b) of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3207(b)) is amended by striking `guilty to' and all that follows and inserting the following: `guilty to, any offense under Federal, State, or tribal law involving--

`(1) a crime of violence;

`(2) sexual assault;

`(3) child abuse;

`(4) exploitation; or

`(5) sexual contact or prostitution.'.

SEC. 9. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM.

Section 409 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3208) is amended by striking subsection (e) and inserting the following:

`(e) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2006 through 2010.'.

SEC. 10. INDIAN CHILD RESOURCE AND FAMILY SERVICES CENTERS.

Section 410 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3209) is amended--

(1) in subsection (a), by striking `area office' and inserting `Regional Office';

(2) in subsection (b), by striking `The Secretary' and all that follows through `Human Services' and inserting `The Secretary, the Secretary of Health and Human Services, and the Attorney General';

(3) in subsection (d)--

(A) in paragraph (4), by inserting `, State,' after `Federal'; and

(B) in paragraph (5), by striking `agency office' and inserting `Regional Office';

(4) in subsection (e)--

(A) in paragraphs (1) and (2), by striking the commas at the ends of the paragraphs and inserting semicolons;

(B) by striking paragraph (3) and inserting the following:

`(3) adolescent mental and behavioral health (including suicide prevention and treatment);';

(C) in paragraph (4), by striking the period at the end and inserting a semicolon; and

(D) by adding at the end the following:

`(5) criminal prosecution; and

`(6) medicine.';

(5) in subsection (f)--

(A) in the first sentence, by striking `The Secretary' and all that follows through `Human Services' and inserting the following:

`(1) ESTABLISHMENT- The Secretary, in consultation with the Service and the Attorney General';

(B) in the second sentence--

(i) by striking `Each' and inserting the following

`(2) MEMBERSHIP- Each'; and

(ii) by striking `shall consist of 7 members' and inserting `shall be';

(C) in the third sentence, by striking `Members' and inserting the following:

`(3) COMPENSATION- Members'; and

(D) in the fourth sentence, by striking `The advisory' and inserting the following:

`(4) DUTIES- Each advisory';

(6) in subsection (g)--

(A) in the first sentence--

(i) by striking `Indian Child' and inserting the following:

`(1) IN GENERAL- Indian Child'; and

(ii) by adding before the period at the end the following: `(25 U.S.C. 450 et seq.)';

(B) by striking the second sentence and inserting the following:

`(2) CERTAIN REGIONAL OFFICES-

`(A) IN GENERAL- Except as provided in subparagraph (B), if a Center is located in a Regional Office of the Bureau that serves more than 1 Indian tribe, an application to enter into a grant, contract, or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) to operate the Center shall contain a consent form signed by an official of each Indian tribe to be served under the grant, contract, or compact.

`(B) ALASKA REGION- Notwithstanding subparagraph (A), for Centers located in the Alaska Region, an application to enter into a grant, contract, or compact described in that subparagraph shall contain a consent form signed by an official of each Indian tribe or tribal consortium that is a member of a grant, contract, or compact relating to an Indian child protection and family violence prevention program under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).'; and

(C) in the third sentence, by striking `This section' and inserting the following:

`(3) EFFECT OF SECTION- This section'; and

(7) by striking subsection (h) and inserting the following:

`(h) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2006 through 2010.'.

SEC. 11. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION PROGRAM.

Section 411 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3210) is amended--

(1) in subsection (c), by striking the subsection heading and inserting `Coordinating Investigation, Treatment, and Prevention of Child Abuse and Family Violence';

(2) by redesignating subsections (f) through (i) as subsections (e) through (h), respectively; and

(3) by striking subsection (h) (as redesignated by paragraph (2)) and inserting the following:

`(h) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2006 through 2010.'.

SEC. 12. USE OF TELEMEDICINE.

The Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3201 et seq.) is amended by adding at the end the following:

`SEC. 412. USE OF TELEMEDICINE.

`(a) Contracts and Agreements- The Service is authorized to enter into any contract or agreement for the use of telemedicine with a public or private medical university or facility, or any private practitioner, with experience relating to pediatrics, including the diagnosis and treatment of child abuse, to assist the Service with respect to--

`(1) the diagnosis and treatment of child abuse; or

`(2) methods of training Service personnel in diagnosing and treating child abuse.

`(b) Administration- In carrying out subsection (a), the Service shall, to the maximum extent practicable--

`(1) use existing telemedicine infrastructure; and

`(2) give priority to Service units and medical facilities operated pursuant to grants, contracts, or compacts under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) that are located in, or providing service to, remote areas of Indian country or Indian reservations.

`(c) Information and Consultation- On receipt of a request, the Service may provide to public and private medical universities, facilities, and practitioners any information or consultation on the treatment of Indian children who have, or may have, been subject to abuse or neglect.

`(d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2006 through 2010.'.

SEC. 13. CONFORMING AMENDMENTS.

Section 1169 of title 18, United States Code, is amended--

(1) in subsection (a)(1)--

(A) in subparagraph (B), by inserting `or volunteering for' after `employed by';

(B) in subparagraph (D)--

(i) by inserting `or volunteer' after `child day care worker'; and

(ii) by striking `worker in a group home' and inserting `worker or volunteer in a group home';

(C) in subparagraph (E), by striking `or psychological assistant,' and inserting `psychological or psychiatric assistant, or mental or behavioral health professional;';

(D) in subparagraph (F), by striking `child' and inserting `individual';

(E) by striking subparagraph (G), and inserting the following:

`(G) foster parent; or'; and

(F) in subparagraph (H), by striking `law enforcement officer, probation officer' and inserting `law enforcement personnel, probation officer, criminal prosecutor'; and

(2) in subsection (c), by striking paragraphs (3) and (4) and inserting the following:

`(3) `local child protective services agency' has the meaning given the term in section 403 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3202); and

`(4) `local law enforcement agency' has the meaning given the term in section 403 of that Act.'.

END